Planning Scheme Information

Planning Schemes support growth and assist in managing development in an area. The Livingstone Planning Scheme 2018 was adopted by Council on 5 April 2018 and commenced on 1 May 2018. On 19 June 2018, Council adopted Version 2 of the planning scheme. Version 2 of the Livingstone Planning Scheme 2018 commences on 25 June 2018 and it
includes a Local Government Infrastructure Plan (LGIP).

The Planning Scheme sets out Livingstone Shire Council's intention for development in the Planning Scheme area over the next ten (10) years. The Planning Scheme seeks to advance State and regional policies, including State Planning Policies and the Central Queensland Regional Plan, through more detailed local responses taking into account the local context.

The Livingstone Planning Scheme 2018 (Version 1) became a superseded planning scheme on 25 June 2018. The Livingstone Shire Planning Scheme 2005 (Reprint 7) became a superseded scheme on 1 May 2018. Recent superseded planning schemes can be accessed from this page below.

This link directs you to PDF inforrmation sheets on various planning scheme matters, as well as a User Guide for the planning scheme

Superseded Planning Schemes

A planning scheme (or version/reprint thereof) becomes superseded when a new planning scheme or planning scheme amendment is gazetted. Access to the most recent superseded planning schemes is available via the below links:

The Planning Act 2016 allows a person to ask Council to apply a superseded planning scheme to a development proposal, within one year of commencement of a new planning scheme. The request will be for Council to either:

accept, assess and decide a development application under a superseded scheme (this will then require a second application to be made, if the request is successful, known as a superseded planning scheme application) ; or

apply a superseded planning scheme to the carrying out of development that was accepted development (previously known as self-assessment) under the superseded planning scheme.

​The SPP outlines State Government interests that must be considered in every planning scheme across Queensland. These state interests are arranged under five broad themes:

​liveable communities and housing

economic growth

environment and heritage

safety and resilience to hazards

infrastructure

​The integration of the SPP into local planning schemes ensures that the most important state planning interests are protected and managed in a way that is relevant to every area across Queensland. The State Government works with Councils to ensure that state interests are adequately reflected in their schemes, and the Planning Minister provides the final approval of these schemes.

The State Government does not mandate how state interests should be applied because Queensland Councils are too diverse. A Council in a remote part of the state, for example, will have different needs, priorities and policies than will an urban council.

As Councils prepare their local planning schemes, they need to show how the state interests will be reflected locally. Each of the 17 state interests in the SPP is supported by a guideline. These guidelines help Councils put the policy into action. Development applications may also have to address the SPP where relevant mapping and triggers apply.

The Capricorn Municipal Development Guidelines provides guidance on procedures and outlines the engineering drawings and specifications which are adopted by Council for use in development. Council's development conditions, which form part of a Decision Notice Approval, may specify compliance with different sections of the Capricorn Municipal Design Guidelines.

Exemption Certificates

Under section 46 of the Planning Act 2016, Council may provide, in limited circumstances, an exemption from a development application, if;

the effects of the development would be minor or inconsequential, considering the circumstances under which the development was categorised as assessable development;

the development was categorised as assessable development only because of particular circumstances that no longer apply;

the development was categorised as assessable development because of an error.

It is recommended that contact made with the Duty Planner to discuss if an Exemption Certificate is applicable.
Log a customer enquiry with the Duty Planner online or call (07) 4913 5000 or 1300 790 919 to make an appointment.